Grounds for compulsory license.
Section 34
SEC. 34. Grounds for compulsory license.—Any person may apply to the Director for a grant of a license under a particular patent at any time after the expiration of three years from the date of the grant of the patent, under any of the following circumstances: (a) If the patented invention is not being work within the Philippines on a commercial scale, although capable of being so worked, without satisfactory reason; (b) If the demand for the patented article in the Philippines is not being met to an adequate extent and on reasonable terms, without satisfactory reason; (c) If by reason of the refusal of the patentee to grant a license or licenses on reasonable terms, or by reason of the condition attached by the patentee to licenses or to the purchase, lease or used of the patented article or working of the patented process or machine of production the establishment of any new trade or industry in the Philippines is prevented, or the trade of industry therein is unduly restrained; or (d) If the patented invention relates to foods or medicine or is necessary for public health or public safety. The term "worked" or "working" as used in this section means the manufacture and sale of a patented article, or the carrying on of patented articles, or the carrying on of a patented process or use of a patented machine for production, in or by means of definite and substantial establishment or organization in the Philippines and on a scale which is adequate and reasonable under the circumstances.